Running Successful and Legally Compliant Internships
Primer for Nonprofits on Paid Employees, Volunteers, and Interns
II-28 – The New Relaxed Intern Standard and Implications for Employers
Employment Law This Week®: DOL’s Association Health Plan Proposal, NJLAD Includes Nursing Mothers, New Unpaid Intern Test, HHS’s Conscience-Based Protections
Student and Alumni Litigation
Polsinelli Podcast - To Pay or Not to Pay? The Rules for Summer Interns in 2014
Unpaid Internships: Are They Legal?
Failed Unpaid Intern Class Action Hints at Impact of Comcast v. Behrend
The Department of Labor has decided to align its analysis under the Fair Labor Standards Act (FLSA) of the intern-vs.-employee determination with that of the majority of federal appellate courts to have addressed the issue,...more
Although summer seems far away, now is the time when most employers begin to prepare for their summer internship programs. Internships are a great way to give college students or new professionals some hands-on experience in...more
In yet another blow to Obama-era Department of Labor (DOL) precedent, the DOL recently eliminated its six-part test for determining whether interns can be deemed employees for purposes of the Fair Labor Standards Act (FLSA),...more
On January 5, 2018, the Department of Labor (“DOL”) adopted a more lenient standard for assessing whether interns qualify as employees under the Fair Labor Standards Act (“FLSA”). Previously, in 2010, the DOL promulgated...more
Spring is around the corner, with summer not far behind, so thoughts naturally turn to the obvious topic: internships. Although the volume of new lawsuits by unpaid interns challenging their status has abated...more
Unpaid internships present companies with potential legal exposure, as shown by several recent, well-publicized legal victories for interns, including one against NBC, which ultimately paid out millions of dollars. To help...more
On July 2, 2015, the Second Circuit Court of Appeals issued significant pro-employer decisions in Glatt v. Fox Searchlight Pictures (Nos. 13-4478-cv, 13-4481-cv) (“Fox”) and Wang v. Hearst Corp. (No. 13-4480-cv) (“Hearst”)...more
DOL Proposes Major Overhaul of Overtime Rules: Why it matters - Expanding the scope of employees eligible for overtime, the Department of Labor (DOL) released its long-awaited new rules revising the white collar...more
Second Circuit Reverses Class Certification Ruling in Fox Searchlight Unpaid Intern Case, Directing Trial Court to View Economic Benefit Factors Through New Lens - A federal appellate court in New York handed an apparent...more
Over the past several years, employment lawyers have cautioned their clients with regard to legal risks involved with unpaid internships. As these internships rose in popularity, many of the arrangements failed to meet...more
On July 2, 2015, the United States Court of Appeals for the Second Circuit issued its highly anticipated decision concerning unpaid internships, Glatt v. Fox Searchlight Pictures, Inc., No. 134478-cv (2d Cir. July 2, 2015)....more
Many of us spent summers working as interns, getting access to the industry of our choice, making contacts, learning – and yes running errands and filing and stuffing envelopes and doing other “grunt” work. Most young people...more
On July 2, 2015, in a matter of first impression, the Second Circuit issued a ruling in Glatt v. Fox Searchlight Pictures, Inc., Nos. 13-4478, 13-4481 (2d Cir. July 2, 2015), and provided a new test for whether a worker can...more
Last week, the Second Circuit Court of Appeals vacated a lower court decision that certain unpaid interns had to be paid for their work in the entertainment industry. The district court had held that Fox Searchlight Pictures...more
The Second Circuit struck a blow today to individuals pursuing collective/class actions alleging that unpaid interns should be classified as employees. The Court announced an employer-friendly test that asks who benefits...more
Glatt et al. v. Fox Searchlight Pictures Inc., No. 13-4478 (2d Cir.) and Wang et al. v. The Hearst Corp., No. 13-4480, (2d Cir.): On January 30, 2015, the Second Circuit Court of Appeals held oral arguments in two closely...more
Late last spring I posted on this blog about the pitfalls for employers of unpaid internships, often offered to young people during the summer months, or to students or recent college graduates as “pre-entry-level” positions....more
Educational institutions of all kinds often utilize the services of volunteers or so-called interns to assist with coaching sports or other extracurricular activities, and to participate in programs that are mutually...more
In the past, we’ve explained the DOL’s test for whether employers must pay their interns. Put simply, public employers and qualifying not-for-profit entities do not have to pay their interns. On the other hand, private...more
Every summer, eager students beat down company doors, offering to do whatever is needed—for free—so they can include experience and a reference on their resume. But, a recent slew of lawsuits by unpaid interns has caused...more
A surge of lawsuits focusing on the common practice of employing unpaid interns could be coming after a judge found that two Fox Searchlight production interns were not compensated legally....more
As the number of unpaid interns at healthcare facilities continues to grow, two recent decisions issued by the U.S. District Court for the Southern District of New York involving claims brought by putative classes of unpaid...more
In the throes of summer internship season, the Honorable William H. Pauley, III, of the United States District Court for the Southern District of New York, issued a recent opinion that will leave many employers revisiting...more
While Vince Vaughn and Owen Wilson have recently brought some attention to the internship position by comically portraying the life of Google interns in the movie The Internship, the U.S. District Court for the Southern...more
Unfortunately, it may be too late for some employers that have already begun their summer internship programs, but for-profit, private sector employers should be aware that they face a steep barrier when trying to establish...more